IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20164 of 2004(A)
1. JOSEPH THOMAS, MANAGING DIRECTOR,
... Petitioner
Vs
1. THE KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE DEPUTY CHIEF ENGINEER,
3. THE CHIEF ENGINEER(COMMERCIAL & TARIFF)
4. THE CHAIRMAN, KERALA STATE ELECTRICITY
For Petitioner :SRI.P.PARAMESWARAN NAIR
For Respondent :SRI.P.SANTHALINGAM, SC, KSEB
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :10/09/2009
O R D E R
S.SIRIJAGAN,J.
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WP(C)NO. 20164 OF 2004
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DATED THIS THE 10TH DAY OF SEPTEMBER 2009
JUDGMENT
——–
Petitioner is the Managing Director of a
Company which is a consumer of electricity. The
bills for arrears of electricity charges amounting
to Rs. 1,00,315/-for the month of May 2004 has been
served on the Petitioner vide Exts.P1 and P2. The
Petitioner’s grievance in respect of the bills is
that an amount of Rs. 33,035/- has been charged
towards interest which is exorbitant. The
Petitioner therefore seeks the following reliefs:-
i) a declaration that the amount of
Rs.33,035 charged towards interest for the
month ofMay 2004 is illegal and unreasonable;
ii) a writ of mandamus or any other
appropriate writ, direction or order
commanding the respondents to reconnect the
service to the petitioner’s unit, Ponmudi
Paper Mills(P)Ltd. Forthwith.
iii)such other reliefs which this
WP(C)NO. 20164 OF 2004
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Hon’ble Court may deem fit and proper in the
facts and circumstances of the case.
The learned Counsel appearing for the Electricity
Board submits that under Regulation 32(e) of the
Conditions of Supply of Electrical Energy, which
was in force at the relevant time, mandates that if
electricity dues are not paid on or before the due
date, interest will be levied at 24% p.a. According
to the Standing Counsel of K.S.E.B the interest has
been charged only at that rate.
2. Learned Counsel for the Petitioner submits that
the interest may be waived or at least reduced.I do
not think that when the statute mandates that for
non payment of electricity charges on due dates,
interest at the rate of 24% is payable, this Court
can, in exercise of its jurisdiction under Article
226 of the Constitution of India waive or reduce
the same. Therefore I do not find any merit on
WP(C)NO. 20164 OF 2004
3
this Original Petition. Accordingly the same is
dismissed.
S.SIRIJAGAN
JUDGE
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